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Employment Law

Vehicle modifications could jeopardize Motor Carrier Act overtime exemption

06/28/2017
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.

The law is enough: Handbook doesn’t create extraordinary right to sue for retaliation

06/28/2017
Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.

When bias charges loom, documentation proves discipline was warranted

06/28/2017
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.

Isolated comments not enough for lawsuit

06/28/2017
Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

OK to set high anti-harassment standard

06/28/2017
When it comes to preventing harassment, Title VII of the Civil Rights Act sets a minimum threshold for compliance. Employers are free to hold employees to a higher standard.

Uber skids into sexual harassment ditch

06/22/2017
Since February, ride-hailing colossus Uber has been roiled by accusations that its corporate culture condones rampant sexual harassment. The $70 billion company’s missteps since then have more closely resembled a train wreck than a safe and smooth ride home.

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

DOJ reverses course, will argue in favor of class-action waivers

06/20/2017
In a move not seen in more than 35 years, the U.S. Department of Justice is switching sides in an upcoming Supreme Court case. The DOJ announced June 16 that it would no longer argue the employees’ case in NLRB v. Murphy Oil, backing management instead.

New York City labor update: Pay history, written contracts

06/19/2017
If you have employees in New York City, be aware of two new laws affecting your operations there. The first new law bars you from asking applicants about their prior compensation history. The second requires you to provide contract workers with a written agreement.

EEOC sends Brooklyn educator back to school on sex bias

06/19/2017
The chief executive officer of Special Education Associates, a Brooklyn provider of education services for developmentally delayed pre-school children, cost the firm $57,000 for his attempt to woo a job applicant.